Sentencing And Punishment

Sentencing & the death penalty

Rupert Lowe has asked the Prime Minister for a legally binding referendum on reintroducing capital punishment, and Restore Britain publishes the same demand as policy. This page sets out that record verbatim, alongside the legal position, the wrongful-conviction history, the polling, and the state of the sentencing system the debate sits inside.

How to read this page: proposals and quotations are reported and attributed, not endorsed. Where a figure comes from an official series, the source is linked at the foot of the page so you can check it yourself.
The Public Record

The referendum question, verbatim

At Prime Minister's Questions on 12 November 2025, Mr Lowe asked for a binding referendum on reintroducing the death penalty. Both sides of the exchange are on Hansard.

The Question
"Every week we hear of a brutal murder, rape or stabbing, far too often perpetrated by someone who should not be in our country to begin with. Does the Prime Minister agree that, for cases in which the guilt is so undeniable, the crime so monstrous and the evil so irredeemable, the reintroduction of the death penalty for both foreign and domestic criminals should be put to the British people in a legally binding referendum?"
Rupert Lowe MP, Prime Minister's Questions, 12 November 2025
The Answer
"Reintroducing the death penalty is not the answer to this. It did not work when it was in place. It led to the death of people who, it turned out, were in fact innocent. What we must do, as we are doing, is improve the criminal justice response in this country."
Sir Keir Starmer, Prime Minister, 12 November 2025
Key Figures

The numbers around the debate

Four figures frame the argument: how the public divides, how long abolition has stood, when the UK bound itself internationally, and how full the prisons are.

Public opinion
50% / 45%

Support versus opposition for bringing back the death penalty for some crimes, YouGov, published 7 November 2025 — five days before the PMQs exchange.

Last executions
1964

Peter Allen and Gwynne Evans were hanged on 13 August 1964, the last executions on British soil. Abolition for murder followed in 1965, made permanent in 1969.

Protocol 13
2004

ECHR Protocol 13 — abolition in all circumstances, no derogations or reservations permitted — has been in force for the UK since 1 February 2004.

Prison headroom
~1,250

Spare places in England and Wales as of 6 July 2026: a population of 87,551 against usable operational capacity of 88,818, per the Ministry of Justice weekly series.

The Stated Position

What Restore Britain publishes

The party's law-and-order paper carries the referendum demand and related punishment proposals. The wording below is the party's own.

Attributed Proposals
  • "Hold a Binding Referendum on Restoring the Death Penalty", arguing that "a considerable majority of the country supports the death penalty for certain crimes" and citing a cost of "over £55,000 per year" for "a prison cell for a murderer".
  • "Strict sentences for anyone caught carrying a knife" — Mr Lowe has separately asked the government, in a written question answered 18 June 2025, to introduce a minimum five-year sentence for adults convicted of carrying a knife.
  • "Women should be permitted to carry and use pepper spray – a tool used by the police themselves – to defend against attackers."
  • On a referendum itself, Mr Lowe has said Restore Britain members would be "free to campaign how they choose".
His Other Sentencing Questions

Beyond the referendum call, Mr Lowe's written parliamentary questions on sentencing include:

  • a review of sentencing guidelines for grooming-gang offences (answered 22 January 2025);
  • sentences handed down for offensive social-media posts (answered 29 January 2025);
  • the proportion of imprisoned sex offenders who are foreign nationals (answered 30 July 2025);
  • average custodial sentences for Islamist terrorism offences (answered 16 July 2025).

His full question and voting record is linked from the profile page.

The Historical Record

The wrongful convictions behind the Prime Minister's answer

Starmer's reply — that the death penalty "led to the death of people who, it turned out, were in fact innocent" — refers to documented cases. Three are on the official record.

Timothy Evans
1950

Hanged for a murder later attributed to the serial killer John Christie. Granted a posthumous royal pardon in October 1966 — a case that helped drive abolition.

Derek Bentley
1953

Hanged at 19. Partially pardoned in 1993; his murder conviction was quashed in full by the Court of Appeal on 30 July 1998.

Mahmood Mattan
1952

Hanged in Cardiff. His conviction was quashed on 24 February 1998 — the first case ever referred to the Court of Appeal by the Criminal Cases Review Commission.

Polling nuance
<40%

Support for the death penalty for all murders sits below 40% in YouGov's long-run tracking; for worst-case murders — children, multiple victims, terrorism — it runs at 54–57%.

The Nowak Case

The murder that renewed the demand

The chronology matters: Mr Lowe's PMQs question came on 12 November 2025, three weeks before the murder of Henry Nowak. It was the Nowak case that made him repeat the demand, far more forcefully, in June 2026.

The Case Itself
  • Henry Nowak, an 18-year-old University of Southampton student, was stabbed five times on Belmont Road, Portswood, late on 3 December 2025.
  • Police bodycam footage released on 2 June 2026 showed officers handcuffing the fatally wounded Nowak as he said he had been stabbed and could not breathe.
  • Vickrum Singh Digwa, 23, was convicted of murder on 28 May 2026 and sentenced to life with a minimum term of 21 years. His mother was later convicted of assisting an offender.
  • The House of Lords debated the case on 3 June 2026, and the police handling is under Independent Office for Police Conduct investigation.
Lowe's Response

After the conviction, Mr Lowe posted that "a Restore Britain Government, with the British people's approval, would put Vickrum Digwa to death", repeated the binding-referendum pledge, and said "we need prosecutions for what happened to Henry Nowak" over the police response.

He also tabled at least ten written questions to the Home Office — answered 11 June 2026 — covering the arrest decision, bodycam and radio evidence, the scope of the IOPC investigation, and the treatment of the victim's family.

The System As It Stands

The sentencing crisis this debate sits inside

Any argument about tougher punishment lands in a system already at the edge of capacity, and in the middle of the biggest sentencing reform for a generation.

Prisons nearly full

87,551 prisoners against a usable operational capacity of 88,818 as of 6 July 2026 — roughly 1,250 spare places across England and Wales.

Early release running

Since 10 September 2024, most standard determinate prisoners are released at 40% of sentence (SDS40). Over 16,000 were released under the scheme by the end of 2024.

The Gauke review

The Independent Sentencing Review (22 May 2025) recommended an "earned progression" model with release from the one-third point, and a presumption against short custodial sentences.

The Sentencing Bill

Legislation implementing most of the review was introduced on 2 September 2025 — moving sentencing policy in the opposite direction to the demands reported on this page.

Sources

Material used for this page

  1. Hansard: Prime Minister's Questions, 12 November 2025 (Lowe/Starmer exchange, col 155)
  2. Restore Britain: law, order and criminal justice paper
  3. Murder (Abolition of Death Penalty) Act 1965
  4. Crime and Disorder Act 1998, section 36
  5. Human Rights Act 1998 (Amendment) Order 2004 — Protocol 13 ratification and commencement
  6. European Court of Human Rights: death penalty factsheet (Protocols 6 and 13)
  7. House of Commons Library: UK government policy on abolition of the death penalty
  8. Criminal Cases Review Commission: Mahmood Mattan decision
  9. YouGov, 7 November 2025: do Britons support the return of capital punishment?
  10. YouGov tracker: should the death penalty be reintroduced in all cases of murder?
  11. Ministry of Justice: weekly prison population statistics
  12. Written ministerial statement: Independent Sentencing Review, 22 May 2025
  13. Ministry of Justice: SDS40 early release transparency data
  14. Hansard: House of Lords debate, Murder of Henry Nowak, 3 June 2026
  15. Rupert Lowe's written questions on the Nowak case, answered 11 June 2026
  16. TheyWorkForYou: Rupert Lowe's full parliamentary record
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